Caste Difference in Marriage

22/06/2012

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Question: I liked a man in Pakistan and we both agreed for marriage. I asked him to send his parents to mine with marriage proposal, but my father denied by saying that guy is not from our caste.
Then after some time, i and that guy did nikah in court. We kept meeting each other. We had witnesses and Qazi (Qadi), but there was no Wali from my side. Is this nikah acceptable? My parents now know about our marriage and they are forcing me to separate saying that our nikah is not valid.

The duty of wali in marriage is to inspect the marriage. This is the family of the girl. The approval of the family or asking them any questions during nikah are not necessary. It is the spouses that say ‘yes’ or ‘no’.

There is no caste system in Islam. In case that Wali does not realize the nikah due to an invalid reason according to Islam (such as caste system, etc..), wali becomes the person at upper position of authority. Related hadith is as follows:

“There is no marriage except with a Walee, and two witnesses. The marriage is void otherwise. If they conflict, the Sultan is the Walee for whomever there is no Walee.” (Abu Dawood, Nikah, 20; Tirmidhi, Nikah, 14; Ibn Majah, Nikah, 15; Ahmed b. Hanbal, Musned, 6/66.)

The marriage you mentioned has been performed under the inspection of authorities (since the wali of the woman had become Qazi) and therefore is valid.